The Florida Senate

205.054  Occupational license tax; partial exemption for engaging in business or occupation in enterprise zone.--

(1)  Notwithstanding the provisions of s. 205.033(1)(a) or s. 205.043(1)(a), the governing body of a county or municipality may authorize by appropriate resolution or ordinance, adopted pursuant to the procedure established in s. 205.032 or s. 205.042, the exemption of 50 percent of the occupational license tax levied for the privilege of engaging in or managing any business, profession, or occupation in the respective jurisdiction of the county or municipality when such privilege is exercised at a permanent business location or branch office located in an enterprise zone.

(2)  Such exemption applies to each classification for which an occupational license is required in the jurisdiction. Classifications shall be the same in an enterprise zone as elsewhere in the jurisdiction. Each county or municipal occupational license issued with the exemption authorized in this section shall be in the same general form as the other county or municipal occupational licenses and shall expire at the same time as those other licenses expire as fixed by law. Any license issued with the exemption authorized in this section is nontransferable. The exemption authorized in this section does not apply to any penalty authorized in s. 205.053

(3)  Each tax collecting authority of a county or municipality which provides the exemption authorized in this section shall issue to each person who may be entitled to the exemption a license pursuant to the provisions contained in this section. Before a license with such exemption is issued to an applicant, the tax collecting authority must, in each case, be provided proof that the applicant is entitled to such exemption. Such proof shall be made by means of a statement filed under oath with the tax collecting authority, which statement indicates that the permanent business location or branch office of the applicant is located in an enterprise zone of a jurisdiction which has authorized the exemption permitted in this section.

(4)  Any license obtained with the exemption authorized in this subsection by the commission of fraud upon the issuing authority shall be deemed null and void. Any person who has fraudulently obtained such exemption and thereafter engages, under color of the license, in any business, profession, or occupation requiring the license is subject to prosecution for engaging in a business, profession, or occupation without having the required license under the laws of the state.

(5)  In the event an area nominated as an enterprise zone pursuant to s. 290.0055 has not yet been designated pursuant to s. 290.0065, the governing body of a county or municipality may enact the appropriate ordinance or resolution authorizing the exemption permitted in this section; however, such ordinance or resolution will not be effective until such area is designated pursuant to s. 290.0065

(6)  This section expires on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act; and no license shall be issued with the exemption authorized in this section for any period beginning on or after that date.

History.--s. 32, ch. 84-356; s. 46, ch. 87-224; s. 70, ch. 94-136; s. 19, ch. 2005-287.